Rule 7.020.Setting Trial Date in Civil Cases
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 7.020
Plain-English Summary
The clock starts with service. Once service is made, the serving party must file the return or acceptance of service with the trial court administrator forthwith. Everything that follows in this rule turns on whether that paper is in the file.
If no return or acceptance has been filed by the 63rd day after the complaint was filed, the plaintiff gets written notice that the case will be dismissed against each unserved defendant for want of prosecution 28 days after the notice is mailed. The notice does not have to end the case. Proof of service filed within the period stops it, as does a showing of good cause to continue the case on motion supported by affidavit and a proposed order, or the defendant appearing.
A second checkpoint sits at the 91st day. If proof of service has been filed but a defendant has not appeared by then, the case is deemed not at issue, and the plaintiff again gets written notice of dismissal against each nonappearing defendant 28 days out. Here the cures are an order of default filed with an application for entry of judgment, good cause shown the same way, or the defendant appearing. If every defendant has appeared, the case is at issue 91 days after filing or when the pleadings are complete, whichever comes first.
Then comes the setting. The trial date must be no later than one year from the date of filing, or six months from the filing of a third-party complaint under ORCP 22 C, whichever is later, unless good cause is shown to the presiding judge or designee. Parties get 14 days after the case is at issue or deemed at issue either to agree on a date with the presiding judge or designee, or to hold a conference and set one. Let those days pass and the calendar clerk picks a date that suits the court.
Frequently Asked Questions
What happens if proof of service is not filed within 63 days in Oregon?
If no return or acceptance of service has been filed by the 63rd day after the complaint was filed, the court sends the plaintiff written notice that the case will be dismissed against each unserved defendant for want of prosecution 28 days from the mailing date.
Filing proof of service inside that window ends the problem, as does the defendant appearing or the court granting a motion to continue the case on good cause.
How do I respond to a want of prosecution notice?
Pick the cure that fits. File the proof of service if you have it. If the defendant has appeared, say so. Otherwise move to continue the case, support the motion with an affidavit, and attach a proposed order, because the rule requires all of them.
When is a civil case at issue in an Oregon circuit court?
When all defendants have appeared, the case is at issue 91 days after the complaint was filed or when the pleadings are complete, whichever is earlier. If proof of service is on file and a defendant has not appeared by the 91st day, the rule deems the case not at issue and triggers a dismissal notice instead.
How soon does a civil case have to be set for trial?
No later than one year from the date of filing, or six months from the filing of a third-party complaint under ORCP 22 C, whichever is later. That outer limit yields to good cause shown to the presiding judge or designee, and a case designated complex under UTCR 7.030 comes out from under it.
Who sets the trial date if the parties never do?
The calendar clerk. Parties have 14 days after the case is at issue to agree on a date with the presiding judge or designee or to set one at a conference. Miss that window and the clerk sets the case on a date convenient to the court, which may be nobody's first choice.